Napoli v. Philbrick

Since the parties agreed that the only matter in controversy was the true divisional line between the two contiguous parcels of land, this action, in effect, became a processioning proceeding. Harrill v. Taylor, 247 N.C. 748, 102 S.E. 2d 223; Welborn v. Lumber Co., 238 N.C. 238, 77 S.E. 2d 612; Goodwin v. Greene, 237 N.C. 244, 74 S.E. 2d 630; Clegg v. Canaday, 217 N.C. 433, 8 S.E. 2d 246. It was therefore the duty of the judge to determine what constitutes the divisional line, and also as the trier of the facts, to say where it is. Coley v. Telephone Co., 267 N.C. 701, 149 S.E. 2d 14; Jenkins…